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  • gonecrazyonh4
    03-20 01:06 PM
    Does Talent Bill provision for work authorisation for H1B Spouses mean H4's will be allowed to work?

    http://immigrationpage.com/recentnews.php

    Read below

    The TALENT Bill For Employment - Based - Immigration

    The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:

    * exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
    * create a market-based H-1B cap beginning with a base level of 115,000
    * revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas

    Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package





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  • nb_des
    06-05 11:04 AM
    "Unless you *are* a US citizen, you must choose the second option."

    I think you have not read my question clearly. I suggest you read it before answering. I have not seen where the USCIS website asks for pending case numbers if we choose second option. I hope someone who has done this online can shed some light on this.

    SK.
    .
    Has anyone succefully entered reciept numbers?





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  • eb2dec2005
    09-23 01:26 PM
    Soft LUD for me. It was so soft that it didnt even update the date.
    New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case

    You cracked me up :)





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  • StuckInTheMuck
    04-28 04:16 PM
    Summer travel season is around the corner, and unfortunately, because of the swine flu scare, each and every person entering India from USA (and some other countries) will have to go through a medical screening (http://timesofindia.indiatimes.com/India/American--European-visitors-to-be-screened-for-swine-flu/articleshow/4457075.cms) at the airports beginning yesterday. Some chaos is expected, particularly in busy terminals such as Delhi and Mumbai, given that "Airport authorities said they are still in the dark and are yet to gear up for these checks". So, it may be a good idea if those of you, who have just returned from India, share your experiences with this procedure; for example, the likelihood of facing stricter screening (or even a brief quarantine) if someone sneezes/coughs for any reason, or the "fitness certificate" forms that airlines are supposed to hand over to each passenger, etc.



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  • baburob2
    10-08 01:48 AM
    thx.





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  • maheshf
    02-20 01:23 PM
    I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters



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  • isserializable
    04-28 09:09 AM
    can somebody please shed some light on this one?





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  • korient
    07-11 02:53 PM
    Hope someone is close enough to help.



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  • willIWill
    06-16 12:54 PM
    Vinzak, You have to take into consideration the recaptured visas of the 90's applied in the period 00-06. If I remember correctly the earlier recapture was signed in 2000 by Pres. Clinton . If we exclude those recaptured numbers the actuals are much lesser. Hope this helps.





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  • snathan
    03-24 11:45 AM
    I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

    My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

    My current H1B transfer is denied and previous H1B and I-94 is expired.
    Current H1B transfer:
    Start date: Nov-21-08,
    RFE received: Dec-30-08,
    RFE responded: Feb-06-09
    RFE expiry date: Feb-10-09
    Received Denial: Mar-02-09.
    Previous H1B with Employer-A expired: Jan-31-09.
    I-94 expired: Feb-10-2009.

    What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

    If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

    Please guide me asap. Thanking you in advance!

    If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.



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  • sandy_anand
    10-04 01:31 PM
    I am having some trouble understanding it. In 2010, they have only allocated 2400 visas to China EB3? That is a wastage of 3300-2400 = 900 visas ??

    Not necessarily, this data is 3 months old I think. The last quarter allocations could have closed the gap.





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  • lbk
    08-02 07:47 PM
    I got I-140 Notice returned as undeliverable.

    I got email notification on June 26 as approved and we will mail it to you.
    After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.

    I have a question the letter attorny got is pdf file or original by mail(post).
    Who will get the I -140 aaproval original letter?



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  • bestin
    10-21 09:40 PM
    140 APPROVED.

    In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.


    Good luck to all waiting for approval.





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  • vallabhu
    02-20 10:11 PM
    I live in ATL, Count me in.



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  • lbk
    08-02 07:47 PM
    I got I-140 Notice returned as undeliverable.

    I got email notification on June 26 as approved and we will mail it to you.
    After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.

    I have a question the letter attorny got is pdf file or original by mail(post).
    Who will get the I -140 aaproval original letter?





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  • desi485
    01-08 01:20 PM
    If you have the case no. go to online case status and take the print out of approved notice, that should serve you purpose hopefully if you don�t have a original copy

    I do have case number for I-140

    I also took printout of online approval status using the case status number.

    But what about labor cert?

    I have no idea what was filed for me? job description or salary req.???

    All this time I was thinking I am ready for AC21 if needed, but if above is true, I am in trouble. (so many others have same issue)

    why we need photocopies? WHY USCIS expects us to have those? They are considered employer documents and most established employers do not share them with employees?

    Any one has any idea? Any links? Any official link which states that we do need to have photocopies?



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  • kirupa
    01-14 12:51 AM
    Cool - added! :)





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  • darshan1226
    02-12 10:25 PM
    Hello all,

    Is there a law that grant green card for a person who's been in the States legally for more than 10 years?

    Thanks





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  • gk_2000
    02-15 03:24 PM
    Time to pick up the patthar (stone) in your hands.. let the fun flow ! :D





    ajju
    09-26 04:05 PM
    ^^^^Bump^^^

    My lawyer asked for separate checks for each application.. FP is always added to I-485 fees.. But since they issued EAD receipt for you and spouse, that means definitely 2 485s... Guess you need to wait for the receipts to get the missing receipt # or you can call USCIS...





    glus
    11-19 01:06 PM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.

    Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
    Regards,



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